Unit 2: SAC 2 Flashcards
Explain mediation.
Cooperative dispute resolution process where parties discuss disagreements, present their cases and negotiate with a neutral third party (mediator).
Explain conciliation.
Conciliation = is the same as mediation but the third party’s role is different. The conciliator listens to both sides and suggests solutions assisting in exploring the best course of action.
- Conciliator is more knowledgable.
Explain arbitration.
- A binding decision is made by an arbitrator if parties cannot reach an agreement.
- The arbitrator, typically knowledgeable about the dispute and applicable law,
- Can be expensive due to legal representation.
- It is generally more formal than mediation or conciliation.
List the types of Dispute Resolution Methods (DRM).
- Mediation
- Conciliation
- Arbitration
List the dispute resolution bodies.
- Courts
- Tribunals
- Ombudsmen
- Complaints bodies
Explain tribunals.
Tribunals offer a low-cost, efficient, and speedy method of dispute resolution, thereby enhancing the community’s access to justice.
Explain VCAT and it’s purpose.
VCAT’s (Victorian Civil and Administrative Tribunal) purpose is to provide Victorians with a low-cost, accessible, efficient and independent tribunal that delivers high-quality dispute resolution.
How does VCAT achieve its purpose?
- Low fees
- Variety of locations
- Cases heard within weeks of filing application
- Independent third party (VCAT member) hears + determines cases without any affiliation with either party
- Less formal than courts
- Offers dispute resolution methods (e.g. mediation and conciliation) before making a binding decision
How do courts determine liability?
- Courts provide specialisation and expertise
- Courts hear appeals
- Courts manage cases
Explain the civil jurisdiction of Victorian courts.
MAGISTRATES:
Original jurisdiction = up to $100,000
Appellate jurisdiction = no appellate jurisdiction
COUNTY:
Original jurisdiction = unlimited
Appellate jurisdiction = no appellate jurisdiction
SUPREME (TRIAL DIVISION):
Original jurisdiction = unlimited
Appellate jurisdiction = question of the law from Magistrates and VCAT
SUPREME (COURT OF APPEAL):
Original jurisdiction = no original jurisdiction
Appellate jurisdiction = county, supreme trial division, and VCAT
Explain the role of the jury in a civil case and outline two features of civil juries.
The jury made up of 6 jurors must determine liability on the balance of probabilities by considering the facts, listening to the evidence presented and coming to a unanimous/majority verdict but not required to give reasons for the decision.
List the types of damages.
Compensatory damages
- specific damages
- general damages
- aggravated damages
Nominal damages
Exemplary damages
Contemptuous damages
Explain compensatory damages.
Compensate either…
Specific damages = objectively calculated items
General damages = pain and suffering
Aggravated damages = humiliation and insult.
Explain nominal damages.
Courts award compensation for defendants who infringed on plaintiffs’ rights without actual loss, awarding small amounts of damages as compensation.
Explain exemplary damages.
Only example in civil law of a court seeking to punish a defendant.
